New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-12-11
SUNDAY EDITION.
DEC. IL, 1887.
THE STEVENS EXECUTORS.
SUMMING UP BEFORE THE SURROGATE.
THE PETITION OF MRS. PARAN STEVENS URGED AND
TRANSFORMATIONS OF Tile LAWYERS.

THE PETITION OF MRS. PARAN STEVENS URGED AND
RESiSTED-TILTs or THE LAWYERS.
The closing arguments I'm the proceeding in which
Mrs. Paran stevens seeks have the executors and
trustees under the will of her husband removed oc-
cuplcd the attention Of Surrogate Rollins all day yes
terday. In spite of the wet weather, Mrs stevens
was In court at 10 a. and listened attcnycly TO
the summing up. She represented by cx-Judgo
Noah Davis and ex-Surrogate Dclano c. Calvin. John
f. Burrill appeared FOR the executors. EX-Judgo
Davis read letters addressed to John f. Parsons,
counsel for Mrs. stevens, to Mr. Burrll, the law
yer Of the executors expressing Mrs. Stevens willing
ness settle terms claimed be fair all par
ties before the present proceeding was taken into
court.
Mr.. Calvin, I'm opening his argument, spoke Of tho
frequency violation Of their duties by trustees
ancng especially the Cutting case and the present
controversy. In this connection he told the story
Of a wealthy man, who, when about to make his VIII,
told his only that nc proposed to bcqneaih his
estate a friend as trustee for the sons benefit
Father replied tho young man, Il would much
prefer that you should make me trustee and leave
the money for the other fellow Mr. Calvin argued
that act of Mrs Stevens could excuse the trustees
from the performance of their duties under their
trust, and in support Of this quoted many author'
ties and prccedents. lie declared that Mrs stevens
had saved money to the estate, and yet I'm the COM
munIty by counsel and persons interested in attack
Ing her, She charged with wrccking the prop
erty.
DEFENDING MRS. STEVENS.
Mr.. Calvin defended the conduct of Mrs. Stevens
as executrx, which, he declared, had largely benc-
flied all interested, and on behalf Of her and her
daughter Mrs. Pagct he asserted that 1t came with
an III grace from the executors and trustees afro
ciousy to accuse her Of robbing the estate.
Mr.. Burill having interrupted several times, ex-
Judge Calvin turned to him and said Now If tho
gentleman thinks he IS going to make anything In
this by intcrrupng me he can lay the pleasing
JUNCTION to his soul but It won't have any eifect'
Mr.. Burrill made reply, and Mr. Calvin proceeded,
charging that sir. Melchcr and his cocxecuois had
acted in the interest Of Mrs. Mcchcr and against thai
Of Mrs. Stevens and her daughter.
ATILT BETWEEN THE COUNSEL.
Mr.. Burrll again interrupted, denying his oppo-
ncnts statements, and the latter objected again to
being Interrupted The following colloquy ensued:
Mr.. Burrill-If at any time l make msst atement
of fact desire to have my attention called do TO b1sv
Mr.. Burill-Wcll, that's very good Joke, judge
Ex-Judce DavIs-Iet him proceed without inter-
ruptOn and answer him aftcrward ,
surrogate Rollns-If he prefers to proceed In that
tx Judge CaIvin-No; If l make misstatcment
would rather be interrupted 1t wakes me up
Exiudgc Dayis~Well, let Mr. Bunlll keep still
and III do the prodding.
ONLY SLIP OF THE TONGUE.
Ex-Judgc Calvin characterized as shameful the abu-
widow of his bcnefactor,7 and said, "A man may
sometimes speak words in the heat Of passion which
he would gladly recall but when man sits down
aud writes letter to the benefactor of his widow
All of the counsel laughed at this slip of the tongue
and the Surrogate said, with smile, You accuse
him Of an impo,sibility. No man can write letter
to the bcncfactor OF his widow.'
"Wcl,r replied cX-Ju dgc Calvin, laughing, q" II your
honor decides that that is the law bow to the de-
cision7
Mr.. Calvin ended his argument by repeating that
the executors had been wasteful and extravaganza
had mlsnanagcd the estate and should be removed
John t. Burrill said that after listening attcntvely
to the argument of the counsel the other side no
had failed to perceive that any ground had been shown
for the removal of the executors. lie would not 90
all the details in regard to points of law that had
been decided in. favor Of the trustees. There was
nothing to show that Mrs Pagct ever heard of or
intended cooperate in these proceedings Of her
mother.
MRS. STEvENs'S son OPPOSED To LITIGATION.
lie read letter signed by Henry l. stevens, tho
son of Mrs. stevens. who died in 1855. In which no
stated that he was opposed to the litigation and
declared that Nir, stevens alone had insisted upon
this proceeding The point had always been made
on the other side that because the 100000 rust
for Mrs. stevens was created by the WILL and she had
two children who would be entitled TO twothirds Of
the rcsiduary estate Mrs. stevens therefore, repre-
scented overwhelming interest in the estate. Death
lad equalilcd all that ard Henry l. stevens having
never married. his share at his death equally d.
vdrd between Mrs. Paget and Mrs Mclchrr, ~,
Mrs Mechcr. Who was the daughter OF Parau
stevens by his first wife, had as large place IN his
affections a, the chIhen OF MS second WE, IN re-
gard the accusa ton> against Nj, Melchnr tat ne
was I'm the habit Of using foul language, Mr. Burlli
said that it unnecessary 10 adducc proof that
man Of his we'll known character ana clean
ness of speech did said not that use xrS SgIs
paw. lad delivered temperance lecture and had then
66ot to have done It would be unnecessary to call
witnesses TO prove that such a thing
tSaiactc mpSir 5 stevens came into Count charging
everybody with whom she had come IN contact ior
statements was say that rncy were lies There "eIe
mean nasty TRICKY assertions IN Ihc ,bi wb i
were matter OF record and for ignorance Oh "mch
Mrs stevens expected the estate at large to pay for
extensive improvements on The properly SET apa' i
her under the Every dollar that she hdu COZ
ccted 1872 she had put I'm her own pockets eho
had never had bank account as cNccutHA'
MRS. STEVENS THANKS MR.. BURRIL1-
Mrs stevens moved nearer to her counsel and oc'
casionay made whispered comments to exJudgc Cal
vim upon what Mr.. Durri was saying. We are nos
dealing with q fool-a simplctOn,n said Mr.. BurrlD
"ThanK you,' murmured Mrs. Stevens.
@But with ono who has a design on this estate,'
continued the lawyer, not noticing her remark Mr.
in regard to the stevens estate and tnst
Executors He read an AFFIDAVIT by Mrs Ellen $ Mel
cher In which she declared that Mrs stevens had been
hostile TO her husband ever since tho aiant married
him and had extended this hostility TO her. and that In
her judgment her interests would suffer II the eAecu
tors and trustees removed. m
This Is wicked petition, pp9p9oooId Mr BuIr.
1t is not only false but malicious and wicked Inc
charge In the petition Is OF those mean, sncaklnS
charges The man that would draw such Ptltlon
would do almost anything Mr. BurrlIl s , n" Ut re-
erred to the charge that Executor Stevens did ety
Insurance business He of the most reputable
lawyers in Massachusetts.
BITTER WORDS FROM A LAWYER
"Isay It IS a disgrace to the administration OF JUS
tcep said Mr. Durrill In conclusion, to present such
charges in court and you Ito the opposing counsel
who aid her and abct her are free from censurc'
|What Is tho sentence !" inquired exJudgc Davis,
turning to Mr. Burrill. 80 ,,.,
"Nell," returned Mr.. Burrill, do you plead guity'
II you do, I'll sentence you'
" Ex.Jndge / avis said he had not expected to hear
four hours of vtupcraon and abuse from the counsel